Government and Comuns propose to convert premises, hotels and offices into protected housing

BarcelonaIn the midst of the housing crisis, the Government has made protected housing (HPO) one of its flagship projects. This Friday, the PSC and the comuns presented a bill to accelerate the creation of protected housing that includes five measures, one of which is to give owners the option to convert commercial premises, offices, and hotels into protected apartments for interested owners. According to sources close to the negotiation, "if everything goes well and the entire package of measures works" it could serve to incorporate up to 20,000 apartments. "It was an unavoidable priority to expand the stock of protected housing and ensure that housing fulfills its essential function of being a home," defended the Minister of Territory, Sílvia Paneque, at the joint presentation of this regulation alongside the leader of Comuns, Jéssica Albiach.

The intention is for owners and developers to be able to take advantage of these measures during the four years following the entry into force of the regulation, extendable to eight once the period has elapsed, in municipalities declared as stressed areas or areas of strong residential demand, approximately 270. "With this law, we are telling the private sector that it cannot wash its hands of this wild housing crisis," defended Albiach, who highlighted the "facilities" being offered to the private sector to "streamline procedures," but also "increasing" their "demands." "We must activate all possible actors towards a national objective," added Paneque. The Government and the comuns argue that these are "exceptional" measures and, therefore, must be limited both geographically and temporally.

All housing that is converted or built thanks to the advantages proposed by the regulation will be considered permanent HPO, and none will be able to enter the free market. Its developers will be able to market them, but they will have to do so at a determined price, and they will only be able to sell or rent them to people registered in the housing exchange and who meet the income requirements. In parallel, during these four years, all apartments that are built must be intended for permanent housing: thus, socialists and comuns want to put an end to building for tourist rentals, seasonal rentals, or co-housing. Second homes are protected in the preamble of the law because they are considered an extension of the habitual residence.

The proposal quarantines urban planning regulations such as urban density – which sets a maximum population that can live in an area – and the maximum height of buildings: they will only have to comply with habitability conditions. It also lowers the minimum floor area to 50 square meters. The objective is to facilitate private sector action: "These are positive and voluntary measures, we want to put an end to excuses," the same sources affirm.

The 5 measures, in detail

Regarding the conversion of office buildings and hotels, those wishing to be covered by the regulation will have to convert at least half of their surface area into HPO, while the rest may continue to have the use they had until then. The objective is to reach municipalities with an oversized and aged hotel offer, mainly located on the coast.

Secondly, the law will allow the subdivision of apartments and single-family homes of more than 100 square meters: the resulting dwelling (or more than one, if applicable) will become HPO, while the original will maintain its free status.

Thirdly, it will allow the construction of HPO on plots that do not have the minimum building conditions, as long as the resulting dwellings meet the basic buildability requirements.

Fourthly, it foresees that buildings to be constructed may increase the planned residential area by 20%. In the same proportion, buildings already constructed in open spaces and community facilities may be extended. The additional 20% must be entirely allocated to HPO and, in the event that there is already a higher reserve – as in the case of Barcelona, which is 30% – it will be added to the existing one.

On this line, buildings that have already reached their maximum number of inhabitants but are shorter than their neighbors will be able to add floors to match their height. In fact, socialists and commoners anticipate that these last two initiatives will be the ones that allow more apartments to be incorporated into the public housing stock.

Municipal autonomy

The act of enshrining these measures in law will mean that, if Parliament approves them, they will be immediately applicable, without the need to modify urban planning. However, in order to maintain municipal autonomy, it gives municipalities the possibility of excluding the entire municipality, or a specific area, from the application of the rule. With this loophole, municipal governments will be able to shield certain streets to preserve the fabric of small shops and prevent commercial premises from becoming housing.

Since the autumn of 2024, when the socialist executive launched a plan to add 50,000 homes to the public housing stock by 2030 – the famous Plan 50,000 – Salvador Illa's party has been proposing various strategies to achieve this, under the premise that "every little bit helps", in the words of the president.

The initiative presented this Friday is part of the agreement between the Government and the commons to approve the 2026 budgets. The norm will have to go through Parliament, although it will do so through the urgent procedure to speed up the process as much as possible. "This extraordinary urgency is justified by the housing crisis," defended Paneque. The minister is confident that the norm will be approved before the end of the year. Sources close to the negotiation believe that it aligns with ERC's positions, essential support for the law to move forward, and recall that groups will be able to propose amendments that will lead them to endorse the text. "Since the objective is shared, I am convinced that there will be good dialogue with the rest of the parliamentary spectrum," confided Paneque, who specifically looked at "progressive forces".